Common use of Requirements Applicable to Design and Construction Work Clause in Contracts

Requirements Applicable to Design and Construction Work. 4.1.18.1 To the extent that DB Contractor performs any design or construction work, including for Renewal Work or Change Orders, DB Contractor shall comply with the design and construction requirements set forth in the Design-Build Specifications applicable to the original design, installation or construction; provided that the work shall be performed in accordance with then- current Good Industry Practice. Whenever the Design-Build Specifications or CMA Specification require design or construction of a Maintained Element to be undertaken in compliance with a standard, manual, guideline or specification, all such design and construction work associated with that Maintained Element shall comply with the latest version of such standard, manual, guideline or specification in effect on the date the applicable Maintenance Services are performed. DB Contractor’s obligation to perform design and construction work in accordance with the latest version of any such standard, manual, guideline or specification shall not require a notice from TxDOT, unless the use of such latest version qualifies as a Discriminatory Change. 4.1.18.2 In connection with the performance by DB Contractor of any Change Orders, DB Contractor shall procure and maintain (a) the insurance deemed appropriate by TxDOT in its discretion (subject to Section 3.3.11) and (b) an increase in the amount of Maintenance Security equal to the full amount of the Change Order as determined by TxDOT in its discretion; provided, however, that subject to applicable Law, TxDOT may, in its discretion, lower the level of Maintenance Security required. Any additional costs incurred as a result of actions taken by DB Contractor to comply with this Section 4.1.18.2 in connection with the performance by DB Contractor of any Change Orders may be included in the increased Maintenance Price as permitted in accordance with Section 4.5.

Requirements Applicable to Design and Construction Work. 4.1.18.1 3.5.1 To the extent that DB Contractor performs any design or construction work, including for Renewal Work Capital Asset Replacement Work, Increased Capital Maintenance, or Change Orders, DB Contractor shall comply with the design and construction requirements set forth in the Design-Build Specifications Technical Provisions applicable to the original design, installation or construction; construction in accordance with Exhibit 2, except as otherwise approved in advance in writing by TxDOT, provided that the work shall be performed in accordance with then- then-current Good Industry Practice. Whenever the Design-Build Specifications or CMA Specification require design or construction of a Maintained Element to be undertaken in compliance with a standard, manual, guideline or specification, all such design and construction work associated with that Maintained Element shall comply with the latest version of such standard, manual, guideline or specification in effect on the date the applicable Maintenance Services are performed. DB Contractor’s obligation to perform design and construction work in accordance with the latest version of any such standard, manual, guideline or specification shall not require a notice from TxDOT, unless the use of such latest version qualifies as a Discriminatory Change. 4.1.18.2 3.5.2 In connection with the performance by DB Contractor of any Increased Capital Maintenance or Change Orders, DB Contractor shall procure and maintain (a) the insurance deemed appropriate by TxDOT in its discretion (subject to Section 3.3.117.7.11) and (b) an increase in the amount of Maintenance Security equal to the full amount of the Increased Capital Maintenance or Change Order as determined by TxDOT in its discretion; provided, however, that that, subject to applicable Law, TxDOT may, in its discretion, lower the level of Maintenance Security required. Any additional costs incurred as a result of actions taken by DB Contractor to comply with this Section 4.1.18.2 3.5.2 in connection with the performance by DB Contractor of (x) any Increased Capital Maintenance shall be borne solely by DB Contractor, and (y) any Change Orders may be included in the increased Maintenance Price as permitted in accordance with Section 4.510.

Requirements Applicable to Design and Construction Work. 4.1.18.1 3.5.1 To the extent that DB Contractor performs any design or construction work, including for Renewal Work Capital Asset Replacement Work, Increased Capital Maintenance, or Change Orders, DB Contractor shall comply with the design and construction requirements set forth in the Design-Build Specifications Specification Items 11-30 applicable to the original design, installation or construction; construction in accordance with Exhibit 2, except as otherwise approved in advance in writing by TxDOT, provided that the work shall be performed in accordance with then- then-current Good Industry Practice. Whenever the Design-Build Specifications or CMA Specification require design or construction of a Maintained Element to be undertaken in compliance with a standard, manual, guideline or specification, all such design and construction work associated with that Maintained Element shall comply with the latest version of such standard, manual, guideline or specification in effect on the date the applicable Maintenance Services are performed. DB Contractor’s obligation to perform design and construction work in accordance with the latest version of any such standard, manual, guideline or specification shall not require a notice from TxDOT, unless the use of such latest version qualifies as a Discriminatory Change. 4.1.18.2 3.5.2 In connection with the performance by DB Contractor of any Increased Capital Maintenance or Change Orders, DB Contractor shall procure and maintain (a) the insurance deemed appropriate by TxDOT in its discretion (subject to Section 3.3.117.7.11) and (b) an increase in the amount of Maintenance Security equal to the full amount of the Increased Capital Maintenance or Change Order as determined by TxDOT in its discretion; provided, however, that that, subject to applicable Law, TxDOT may, in its discretion, lower the level of Maintenance Security required. Any additional costs incurred as a result of actions taken by DB Contractor to comply with this Section 4.1.18.2 3.5.2 in connection with the performance by DB Contractor of (i) any Increased Capital Maintenance shall be borne solely by DB Contractor, and (ii) any Change Orders may be included in the increased Maintenance Price as permitted in accordance with Section 4.510.

Requirements Applicable to Design and Construction Work. 4.1.18.1 To the extent that DB Contractor performs any design or construction work, including for Renewal Work or Change Orders, DB Contractor shall comply with the design and construction requirements set forth in the Design-Build Specifications applicable to the original design, installation or construction; provided that the work shall be performed in accordance with then- current Good Industry Practice. Whenever the Design-Build Specifications or CMA Specification require design or construction of a Maintained Element to be undertaken in compliance with a standard, manual, guideline or specification, all such design and construction work associated with that Maintained Element shall comply with the latest version of such standard, manual, guideline or specification in effect on the date the applicable Maintenance Services are DocuSign Envelope ID: 69FAD993-F221-4BEC-895E-9675AB93CDF8 performed. DB Contractor’s obligation to perform design and construction work in accordance with the latest version of any such standard, manual, guideline or specification shall not require a notice from TxDOT, unless the use of such latest version qualifies as a Discriminatory Change. 4.1.18.2 In connection with the performance by DB Contractor of any Change Orders, DB Contractor shall procure and maintain (a) the insurance deemed appropriate by TxDOT in its discretion (subject to Section 3.3.11) and (b) an increase in the amount of Maintenance Security equal to the full amount of the Change Order as determined by TxDOT in its discretion; provided, however, that subject to applicable Law, TxDOT may, in its discretion, lower the level of Maintenance Security required. Any additional costs incurred as a result of actions taken by DB Contractor to comply with this Section 4.1.18.2 in connection with the performance by DB Contractor of any Change Orders may be included in the increased Maintenance Price as permitted in accordance with Section 4.5.

Requirements Applicable to Design and Construction Work. 4.1.18.1 To the extent that DB Contractor performs any design or construction work, including for Renewal Work or Change Orders, DB Contractor shall comply with the design and construction requirements set forth in the Design-Build Specifications applicable to the original design, installation or construction; provided that the work shall be performed in accordance with then- current Good Industry Practice. Whenever the Design-Build Specifications or CMA Specification require design or construction of a Maintained Element to be undertaken in compliance with a standard, manual, guideline or specification, all such design and construction work associated with that Maintained Element shall comply with the latest version of such standard, manual, guideline or specification in effect on the date the applicable Maintenance Services are DocuSign Envelope ID: 8320AD6C-99DF-41FA-9908-4E441F89A70B performed. DB Contractor’s obligation to perform design and construction work in accordance with the latest version of any such standard, manual, guideline or specification shall not require a notice from TxDOT, unless the use of such latest version qualifies as a Discriminatory Change. 4.1.18.2 In connection with the performance by DB Contractor of any Change Orders, DB Contractor shall procure and maintain (a) the insurance deemed appropriate by TxDOT in its discretion (subject to Section 3.3.11) and (b) an increase in the amount of Maintenance Security equal to the full amount of the Change Order as determined by TxDOT in its discretion; provided, however, that subject to applicable Law, TxDOT may, in its discretion, lower the level of Maintenance Security required. Any additional costs incurred as a result of actions taken by DB Contractor to comply with this Section 4.1.18.2 in connection with the performance by DB Contractor of any Change Orders may be included in the increased Maintenance Price as permitted in accordance with Section 4.5.